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Labour Legislation BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 Introduction The phenomenon of bonded labour is a “vicious circle” where each factor is responsible for further subjugation and apathy of the bonded labourers. The first part of the chain forming the vicious circle is the survival capabilities of this system.

It is a relic of colonial and feudal system, which is still continuing. This relic is deeply rooted in the social customs and traditions, treating it as a normal practice.This results in the creation of a “hierarchical pattern” of society forming unequal classes in terms of superiority and inferiority. The so-called higher classes then commit all sorts of atrocities upon the considered lower classes. The system of bonded labour is an outcome of certain categories of indebtedness which have been prevailing for a long time involving certain economically, exploited, helpless and weaker sections of the society. The bonded or forced labour system was known by different names in different parts of the country like Begar, Sagri or Hali, Jeetham etc.The problem of bonded labour was closely linked to the broader socioeconomic problems of surplus labour, unemployment/under-employment, inequitable distribution of land and assets, low wages, distress migration, social customs etc. The issue of ‘bonded labour’ came to the forefront as a national issue, when it was included in the old 20-Point Programme in 1975.

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It was the 5th point of the Programme which stated that “bonded labour, wherever it exists will be declared illegal. ” To implement this, Bonded Labour System (Abolition) Ordinance was promulgated. Which was later on replaced by the Bonded Labour System (Abolition) Act, 1976.It freed unilaterally all the bonded labourers from bondage with simultaneous liquidation of their debts.

Concepts of bonded labor system • Forced Labour Convention, 1930 (No. 29) [Article 2(i)] —The term forced or compulsory labour shall mean all work or service, which is exacted, from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. • Universal Declaration of Human Rights —On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.

Article 4 says: “No one shall be held in slavery or servitude; slavery and slave trade shall be prohibited in all their forms. ” • UN Supplementary Convention on the Abolition of Slavery (1956) — Under this Convention debt bondage is defined as “the status or condition arising from a pledge by a debtor of his personal service or those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined”. • As per I. L.

O. Report on Stopping Forced Labour (2001) — The term (Bonded Labour) refers to a worker who rendered service under condition of bondage arising from economic consideration, notably indebtedness through a loan or an advance. Where debt is the root cause of bondage, the implication is that the worker (or dependents or heirs) is tied to a particular creditor for a specified or unspecified period until the loan is repaid. The Bonded Labour System (Abolition) Act, 1976 CHAPTER I PRELIMINARY Scope And coverage It extends to the whole of India and it come into force on the 25th day of October, 1975.The provisions of this Act shall have effect notwithstanding anything in consistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act.

Definition of Important Terms used (a) “advance” means an advance, whether in cash or in kind, or partly in cash or partly in kind, made by one person (creditor) to another person (debtor); (b) “agreement” means as agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor, and includes n agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality. (c) “ascendant” or “descendant”, in relation to a person belonging to a matriarchal society, means the person who corresponds to such expression in accordance with the law of succession in force in such society; (d) “bonded debt” means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of the bonded labour system; (e) “bonded labour” means any labour or service rendered under the bonded labour system; f) “bonded labourer” means a labourer who incurs, or has, or is presumed to have, incurred a bonded debt; (g) “bonded labour system” means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,- (i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or (ii) in pursuance of any customary or social obligation, or iii) in pursuance of an obligation devolving on him by succession, or (iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or (v) by reason of his birth in any particular caste or community,- he would- (1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or (2) for the freedom of employment or other means of livelihood for a specified period or for an unspecified eriod, or (3) forfeit the right to move freely throughout the territory of India, or (4) forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor; h) “family” in relation to a person, includes the ascendant and descendant of such person; (i) “nominal wages”, in relation to any labour, means a wage which is less than,- (a) the minimum wages fixed by the Government in relation to the same or similar labour, under any law for the time being in force, and (b) where no such minimum wage has been fixed in relation to any form of labour , the wages that are normally paid, for the same or similar labour, to the labourers working in the same locality; Through its various judgments, Supreme Court has given a very broad, liberal and expansive interpretation of the definition of the bonded labour.According to the interpretation given by the apex court, where a person provided labour or service to another for remuneration less than the minimum wage, the labour or service falls clearly within the scope and ambit of the words forced labour under the constitution. CHAPTER II ABOLITION OF BONDED LABOUR SYSTEM Abolition of bonded labour system The bonded labour system has been abolished from 25th October, 1975 and every bonded labourer stood free and discharged from any obligation to render any bonded labour from this date. No person is allowed to make an advance under, or in pursuance of the bonded labour system.No one can compel any person to render any bonded labour or other form of forced labour. Agreement, custom, etc.

, to be void From 25th October, 1975 any custom or tradition or any agreement or other instrument (whether entered into or executed before or after 25th October, 1975) by virtue of which any person or any member of his family or dependent is required to do any work or rendor any service as a bonded labourer, shall be void and it shall not be operative. CHAPTER III EXTINGUISHMENT OF LIABILITY TO REPAY BONDED DEBT Liability to repay bonded debt to stand extinghised.Under section 6 of the Act every obligation of a bonded labourer to repay any bonded debt have been extinguished. Apart from this no suit or other proceeding shall lie for the recovery of any such debt. Every decree or order for the recovery of bonded debt shall be deemed to have been fully satisfied. Every attachment of any movable property made for the recovery of bonded debt shall stand vacated and if possession of any property belonging to a bonded labourer or a member of his family or other dependent was forcibly taken over by any creditor for the recovery of the bonded debt, pending sale thereof, such property shall be restored.However, if any attached property was sold in a execution of a decree, before the act came into force, such sale shall not be affected by any provision of this ac.

Further, any pending suits or proceedings for the recovery of any advance made to a bonded labourer stood dismissed on the commencement of the act and every detained bonded labourer whether detained before or after judgement were also released. Property of bonded labourer to be freed from mortgage, etcAny property vested in a bonded labourer which was under any mortgage, charge, lien or other encumbrances in connection with any bonded debt stands freed and discharged and if the possession of the said property was with the mortgagee or other holder of the charge, lien or incumberance will be restored to the possession of the bonded labourer. Freed bonded labourer not to be evicted from homestead, etc No person who has been freed and discharged from any obligation to render any bonded labour will be evicted from any homestead or other residential premises as part of the consideration for the bonded labour.If, after the commencement of this Act, any such person is evicted by the creditor from any homestead or other residential premises, referred to in sub-section (1), the Executive Magistrate in charge of the Sub-Division within which such homestead or residential premises is situated shall, as early as practicable, restore the bonded labourer to the possession of such homestead or other residential premises.Creditor not to accept payment against extinguished debt. No creditor shall accept any payment against any bonded debt which has been extinguished or deemed to have been extinguished or fully satisfied by virtue of the provisions of this Act.

CHAPTER IV IMPLEMENTING AUTHORITIES Authorities who may be specified for implementing the provisions of this Act.The State Government may confer such powers and impose such duties on a District Magistrate as may be necessary to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer so specified.Duty of District Magistrate and other officers The District Magistrate authorised by the State Government under section 10 and the officer specified by the District Magistrate under that section shall, as far as practicable, try to promote the welfare of the freed bonded labourer by securing and protecting the economic interests of such bonded labourer so that he may not have any occasion or reason to contract and further bonded debt.It shall be the duty of every District Magistrate and every officer specified by him under section 10 to inquire whether, after the commencement of this Act, any bonded labour system or any other form of forced labour is being enforced by, or on behalf of, any person resident within the local limits of his jurisdiction and if, as a result of such enquiry, any person is found to be enforcing the bonded labour system or any other system of forced labour, he shall forthwith take such action as may be necessary to eradicate the enforcement of such forced labour.CHAPTER V VIGILANCE COMMITTEES Vigilance Committees The act enjoins upon the State Government to constitute such number of Vigilance Committees in each district and each Sub-Division as it may think fit.

Each Vigilance Committee, constituted for a district, shall consist of the following members, namely :- (a) the District Magistrate, or a person nominated by him, who shall be the Chairman; (b) three persons elonging to the Scheduled Castes or Scheduled Tribes and residing in the district, to be nominated by the District Magistrate; (c) two social workers, resident in the district, to be nominated by the District Magistrate; (d) not more than three persons to represent the official or non-official agencies in the district connected with rural development, to be nominated by the State Government; (e) one person to represent the financial and credit institutions in the district, to be nominated by the District Magistrate. 3) Each Vigilance Committee, constituted for a Sub-Division, shall consist of the following members, namely :- (a) the Sub-Divisional Magistrate, or person nominated by him, who shall be the Chairman; (b) three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the Sub-Division, to be nominated by the Sub-Divisional Magistrate; (c) two social workers, resident in the Sub-Division, to be nominated by the Sub-Divisional Magistrate; (d) not more than three persons to represent the official or non-official agencies in the Sub-Division connected with rural development to be nominated by the District Magistrate; (e) one person to represent the financial and credit institutions in the Sub-Division, to be nominated by the Sub-Divisional Magistrate; (f) one officer specified under section 10 and functioning in the Sub-Division. (4) Each Vigilance Committee shall regulate its own procedure and secretarial-assistance, as may be necessary, shall be provided by- (a) the District Magistrate, in the case of a Vigilance Committee constituted for the district; (b) the Sub-Divisional Magistrate, in the case of a Vigilance Committee constituted for the Sub-Division. (5) No proceeding of a Vigilance Committee shall be invalid merely by reason of any defect in the constitution, or the proceedings, of the Vigilance Committee. Functions of Vigilance Committees a) to advise the District Magistrate or any officer authorised by him as to the efforts made, and action taken, to ensure that the provisions of this Act or of any rule made thereunder are properly implemented; (b) to provide for the economic and social rehabilitation of the freed bonded labourers; (c) to co-ordinate the functions of rural banks and co-operative societies with a view to analising adequate credit to the freed bonded labourer; (d) to keep an eye on the number of offences of which cognizance has been taken under this Act; (e) to make a survey as to whether there is any offence of which cognizance ought to be taken under this Act; (f) to defend any suit instituted against a freed bonded labourer or a number of his family or any other person dependent on him for the recovery of the whole or part of any bonded debt or any other debt which is claimed by such person to be bonded debt.

A Vigilance Committee may authorise one of its members to defend a suit against a freed bonded labourer and the member so authorised shall be deemed, for the purpose of such suit, to be the authorised agent of the freed bonded labourer. Whenever any debt is claimed by a bonded labourer, or a Vigilance Committee, to be a bonded debt, the burden of proof that such debt is not a bonded debt shall lie on the creditor. CHAPTER VI OFFENCES AND PROCEDURE FOR TRIAL • Punishment for compelling any person to rendor any bonded labour is imprisonment for three years and a fine of two thousand rupees- • Punishment for advancement of bonded debt shall be imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees. Punishment for extracting bonded labour under the bonded labour system shall be imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day for which the bonded labour was extracted from him. • Punishment for omission or failure to restore possession of property to bonded labourers shall be imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day during which possession of the property was not restored to him. • Abetment of any offence punishable under the act, shall be punishable with the same punishment as is provided for the offence which has been abetted. Offences to be tried by Executive MagistratesThe State Government may confer, on an Executive Magistrate, the powers of a Judicial Magistrate of the first class or of the second class for the trial of offences under this Act Cognizance of offences Every offence under this Act shall be cognizable and bailable. Offences by companies 1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

) Notwithstanding anything contained in sub-section (1), where any offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. CHAPTER VII MISCELLANEOUS Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against any State Government or any officer of the State Government or any member of the Vigilance Committee for anything which is in good faith done or intended to be done under this Act. Jurisdiction of civil courts barred No civil court shall have jurisdiction in respect of any matter to which any provisions of this Act applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act. Power to make rulesThe Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. Repeal and saving (1) The Bonded Labour System (Abolition) Ordinance, 1975 (17 of 1975) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance (including any notification published, direction or nomination made, power conferred, duty imposed or officer specified) shall be deemed to have been done or taken under the corresponding provisions of this Act. CASES BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 Case 1 IN THE SUPREME COURT OF INDIA (W. P. No. 2135/1982 dated February 21,1991)PRESENT MR. RANGANATH MISRA, CHIEF JUSTICE MR. JUSTICE M. M.

PUNCHHI MR. JUSTICE S. C. AGRAWAL Between Bandhua Mukhti Morcha And Union of India & Others Here the Supreme Court had not concluded the matter after giving certain directions regarding bonded labour in the judgement dated 16, 1983 Bandhua Mukhti Morcha v. Union of India 1984 3 SCC 161 and the present petition was therefore heard from Swami Agnivesh appearing on behalf of the persons said to be freed bonded labour, which alleged that certain persons who were said to be freed bonded labour from the Faridabad quarries, had to be rehabilitated in terms of a scheme framed for the purpose.The Supreme Court directed the immediate setting up of a Committee with Director General, Labour Welfare of Union Government or very senior officer from his establishment as its convener to check up within 6 weeks the particulars provided in the list by the petitioner and identify the persons claimed to have been bonded labour, to collect all relevant material and assist Supreme Court to make further directions in terms of requirement of scheme to rehabilitate them. Case 2 IN THE HIGH COURT OF PATNA (Crl.

Misc. Appln. No. 32973/2003 dated November 29, 2006) PRESENT MR. JUSTICE GHANSHYAM PRASAD Between Chhote Shukla @ Vijay Kumar Shukla And State of Bihar and OthersIn this case, the applicant sought an application under Section 482 of the Criminal Procedure Code, 1973 to quash an order of the Sub-Divisional Magistrate , Bagaha taking cognizance under section 4(1) (2) of the Bonded Labour System (Abolition) Act, 1976, against the applicant on the ground that under Section 21 of the aforesaid Act, the Executive Magistrate, expressly conferred with the power of Judicial Magistrate, shall conduct trial of offences falling under the Act and not to take cognizance also.

The High Court observed that although the Sub-Divisional Magistrate was not empowered to take cognizance of offences under Bonded Labour Act. But only because of it the order of cognizance cannot deem to be illegal. It is merely an irregularity and, as per section 460 of the Criminal Procedure Code, it did not vitiate the proceeding The ground taken by the applicant was therefore held not sufficient under law to quash the order of cognizance in question and hence the application was dismissed. Case 3 IN THE HIGH COURT OF ALLAHABAD (Hab. Corp. Petn. No.

8392/1989 dated April 8, 1992) PRESENT MR. JUSTICE PALOK BASU MR. JUSTICE U. K. VERMA Between Champa Srivastva And State of U.

P. and Others In this case the petitioner Smt. Champa Srivastava, who was chairperson of a Bonded Labour Liberalisation Front, alleged existence of bonded labourers in certain villages in the Mirzapur District and the failure of the State Government to take adequate measures for their rehabilitation. Also, further allegation that the entire land embarked for such labourers has been usurped illegally and rehabilitation grant has been and is being misutilised and thus embezzled. A counter – affidavit was called for in by the State Government.But the High court was not satisfied with the averments made in the counter – affidavit and therefore directed that an enquiry be conducted by the District or additional District Magistrate and speaking order passed relating to the rehabilitation of the bonded labourers, and also to prepare a survey map of the land allotted to the bonded labourers and also give details as to who are the bonded labourers who have been settled therein, with opportunity given to the petitioner and information furnished as to where and how those bonded labourers were settled. Hence, the petition was disposed of. Case 4 Sannasomannara Somashekarappa and Others And Gorappa Rudraswamy and Others In this case, four children who were allegedly working as bonded labourers with the petitioners were freed by Deputy Commissioner.

It is alleged that the petitioners had approached the parents of the children and paid advance to them and in turn the children had to render service for a period of one year and graze cattle.Food and clothes were provided to the children who were working with the petitioners. Later the children were freed and admitted to school. After investigation case was registered under section 16 of the Act. The counsel for the petitioner argued that the amount which was paid to the parents of children was in the form of wages and further that there was no creditor-debtor relationship between the parents of the boys freed and petitioners.

It was only an offering of wages to graze their cattle in advance. The Court held that of course, engaging of child labour would be an offence elsewhere but the very act of the petitioners in engaging children for grazing cattle by providing food clothing etc. ould not amount to exploitation of bonded labour and does not constitute bonded labour system. The parents of the boys freed were not being compelled or forced to send their children for grazing cattle in the houses of petitioner nor were they under any obligation to send their children to work as bonded labours. It was held that requirement of Section 2(g) is not fulfilled and therefore petitioners cannot be prosecuted under Section 16 of the Act. Case 5 IN THE SUPREME COURT OF INDIA (AIR 1984, SC 802) Between Bandhua Mukhti Morcha And Union of India & Others It is an important decision of the Supreme Court relating to bonded labour system.In this case an organisation dedicated to the cause of release of bonded labours informed the Supreme Court through a letter that they conducted a survey of the stone quarries situated in Faridabad district of the State of Haryana and found that there were a large number of labourers working in these stone quarries under inhuman and intolerable conditions and many of them were bonded labours. The petitioners prayed that a writ be issued for proper implementation of the various provisions of the Constitution and Statues with a view to ending the misery, suffering and helplessness of these labours and release of bonded labours.

The Court treated as a writ petition and appointed a commission of two advocates to visit these stone quarries and make an inquiry and report to the court about the existence of bonded labourers.The Government raised certain objections about the maintainability of the petition but the Court observed as follows – “where a public interest litigation alleging the existence of bonded labour is filed it is not proper on the part of the Government to raise preliminary objection. On the contrary, the Government should welcome an inquiry by the court so that if it is found that there are bonded labourers or workers living in inhuman conditions such a situation can be set right by the Government. Article 32 does not only confer a power in the Supreme Court regarding issue of writ for enforcement of fundamental rights of the people even by forging new remedies or fashioning new strategies designed to enforce fundamental rights.It is for safeguarding the interest of the poor that the Supreme Court has innovated new methods and strategies by accepting and treating a letter as a writ petition. The Court is thus only helping the Government in fulfilling its constitutional obligations. It is not usurping the powers of the Executive.

Case 6 IN THE SUPREME COURT OF INDIA (Petn. No. 10237/1985 dated January 9, 1992) PRESENT MR. JUSTICE A. M.

AHMADI MR. JUSTICE K. RAMASWAMY Between Chakkalackal T. And State of Bihar and Others Bonded Labour System (Abolition) Act, 1976 – Section 6- Every obligation of bonded labourer to repay any bonded debt remaining unsatisfied on commencement of Acts gets extinguished- Appointment of officer to ensure implementation of Court’s order.JUDGEMENT- As both sides agreed that to implement the Supreme Court’s orders, further action necessary was that Additional Chief Secretary of the State of Bihar might be appointed to carry out the further work to ensure complete implementation of Court’s orders. Supreme Court directed the appointment and issued the necessary directions. Case 7 IN THE SUPREME COURT OF INDIA (Cr. M.

P. No’s. 3473-74/1991 in W. P. (Cr.

) No. 1366/1982 dated March 19, 1993) PRESENT MR. JUSTICE KULDIP SINGH MR. JUSTICE N. M. KASLIWAL Between Kameshwar Prasad Sharma And State of Bihar and Others Bonded Labour- Directions of Supreme Court for rehabilitation of 445 families in the State of Bihar- Contempt petition for not complying directions- Supreme Court calling report from District Judge- on examining report, held , no case made out of contempt proceedings.

JUDGEMENT- The Supreme Court observed that it had been monitoring the case over a decade by issuing interim orders from time to time. It was satisfied, that State Government had substantially complied with its directions. The Supreme Court however issued certain directions in the nature of suggestions for the consideration and compliance of the State Government. The contempt petition was dismissed. Multiple Choice Questions Q1. The act is deemed to have come into force on a) 9th February, 1976 b) 25th October, 1975 c) 7th July, 1976 d) 15th December, 1975 Q2.

Choose the correct option. a) After the commencement of this act, no person shall make any advance under, or in pursuance of, the bonded labor system. ) After the commencement of this act, no person shall compel any person to render any bonded labor or other form of forced labor. c) Either (a) or (b) d) Both (a) and (b) Q3. Authorities responsible for implementing the provisions of this act are: a) District Magistrate b) Welfare officer c) Labour Court d) Sub divisional Magistrate Q4.

A vigilance committee consists of the following members except: a) Sub divisional Magistrate b) Three persons belonging to SC or ST c) Two social workers nominated by sub divisional magistrate d) One person to represent OBC category Q5. According to the act, “advance” means an advance, __________, made by one person (referred to as the creditor) to another person (referred to as the debtor). a) whether in cash or in kind ) partly in cash or partly in kind c) in cheque d) any of the above Q6. The forms of forced labor are: a) Hali, hari, harwail b) Holya, hari, hareen c) Kuthia, munish, hareen d) Munish, mat, munjhi Q7. The Bonded Labor System Abolition Act has an overriding effect. a) Always b) Sometimes c) Never d) Cant say Q8.

Which sections refer to the abolition of bonded labor system? a) Section 5 and Section 6 b) Section 6 and Section 7 c) Section 4 and Section 5 d) Section 3 and Section 4 Q9. Section 7 refers to a) abolition of bonded labor system b) property of bonded labourer to be freed from mortgage c) liability to repay bonded debt to stand extinguished ) Agreement to be void Q10. The vigilance committee is constituted by: a) state government b) central government c) either (a) or (b) d) none of the above Q11. Punishment for advancement of bonded debt is a) three years imprisonment and fine upto Rs.

1000 b) two years imprisonment and fine upto Rs. 2000 c) three years imprisonment and fine upto Rs. 2000 d) two years imprisonment and fine upto Rs. 1000 Q12. Punishment for enforcement of bonded labor is a) three years imprisonment and fine upto Rs. 3000 b) two years imprisonment and fine upto Rs. 1000 c) two years imprisonment and fine upto Rs.

2000 d) three years imprisonment and fine upto Rs. 2000Q13. For this act, “abetment” has the meaning assigned to it in the a) Indian Penal Code (45 of 1860) b) Code of Criminal Procedure (2 of 1974) c) Both d) None Q14. Time limit for restoration of property to bonded labor according to this act is a) 15 days b) 30 days c) 45 days d) 60 days Q15. As per this act, who is responsible for the offence committed by the company? a) President b) Board of Directors c) Manager d) Person who was in charge for the conduct of the company Q16. Which court has no jurisdiction in respect of any provision of this Act according to Section 25? a) District Court b) Labor Court c) Civil Court d) Supreme Court Q17.Offences under this act may be tried by a) Executive Magistrate b) Magistrate c) Divisional Magistrate d) Sub-divisional Magistrate Q18.

The burden of proof lies on a) The debtor b) The creditor c) Both (a) and (b) d) The manger Q19. On the commencement of this act, every bonded laborer who has been detained in civil prison, whether before or after judgment, shall not be released from detention forth with. a) True b) False c) Can’t say Q20. Section 13 refers to a) Duty of district magistrate and officers authorized by him b) Offences by companies c) Vigilance Committees d) Function of Vigilance Committees SHORT ANSWER TYPE QUESTIONS Q1. What is meant by bonded labor system? bonded labor system” means the system of forced, or partly forced, labor under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that – i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by the document) and in consideration of the interest, if any, due on such advance, or ii) in pursuance of any customary or social obligation, or  iii) in pursuance of any obligation devolving on him by succession, or  iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or v) by reason of his birth in any particular caste or community, he would-  1) render, by himself or hrough any member of his family, or any person dependent on him, labor or service, to the creditor, or for the benefit of the creditor, for a specific period or for an unspecified period, either without wages or for nominal wages, or  2) forfeit the freedom of employment or other means of livelihood for an specified period or for an unspecified period, or  3) forfeit the right to move freely throughout the territory of India, or 4) forfeit the right to appropriate or sell at market-value any of his property or product of his labor or the labor of a member of his family or any person dependent on him.

and includes the system of forced, or partly forced, labor under which a surety for a debtor enters, or has, or is presumed to have, entered into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labor on behalf of the debtor. Q2.Mention the short title, extent and application of this act. (1) This Act may be called the Bonded Labor System (Abolition) Act, 1976. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 25th day of October, 1975.

Q3. What is the main object of this act? An Act to provide for the abolition of bonded labor system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto is it enacted by Parliament in the Twenty-seventh Year of the Republic of India Q4. What are the constituents of a vigilance committee constituted for a district? ) the District Magistrate, or a person nominated by him, who shall be the Chairman;  b) three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the District, to be nominated by the District Magistrate;  c) two social workers, resident in the district, to be nominated by the District Magistrate;  d) not more than three persons to represent the official or non- official agencies in the district connected with rural development, to be nominated by the State Government;  e) one person to represent the financial and credit institutions in the district, to be nominated by the District Magistrate Q5. What are the constituents of a vigilance committee constituted for a sub division? ) the Sub-Divisional Magistrate, or a person nominated by him, who shall be the Chairman;  b) three persons belonging to the Scheduled Castes or Scheduled Tribes and residing in the Sub-Division, to be nominated by the Sub-Divisional Magistrate;  c) two social workers, resident in the Sub-Division to be nominated by the Sub-Divisional Magistrate;  d) not more than three persons to represent the official or non- official agencies in the Sub-Division connected with rural development to be nominated by the District Magistrate. e) one person to represent the financial and credit institutions in the Sub-Division, to be nominated by the Sub-Divisional Magistrate;  f) one officer specified under Section 10 and functioning in the Sub-Division. Q6. What are the various provisions relating to the offences by companies under this act? ) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Q7. What are the functions of the vigilance committee? ) to advise the District Magistrate or any officer authorized by him as to the efforts made, and action taken, to ensure that the provisions of this Act or of any rule made there under are properly implemented; b) to provide for the economic and social rehabilitation of the freed bonded laborers; c) to co-ordinate the functions of rural banks and co-operative societies with a view to canalizing adequate credit to the freed bonded laborers; d) to keep an eye on the number of offences of which cognizance has been taken under this Act; e) to make a survey as to whether there is any offence of which cognizance ought to be taken under this Act; f) to defend any suit instituted against a freed bonded laborer or a member of his family or any other person dependent on him for the recovery of the whole or part of any bonded debt or any other debt which is claimed by such person to be bonded debt. Q8.

What are the duties of the district magistrate and officers authorized by him?It shall be the duty of every District Magistrate and every officer specified by him under section 10 to inquire whether, after the commencement of this Act, any bonded labor system or any other form of forced labor is being enforced by, or on behalf of, any person resident within the local limits of his jurisdiction and if, as a result of such inquiry, any person is found to be enforcing the bonded labor system or any other system of forced labor, he shall forthwith take such action as may be necessary to eradicate the enforcement of such forced labor. Q9. Define the term advance under this act. “advance” means an advance, whether in cash or kind, or partly in cash or partly in kind, made by one person (hereinafter referred to as the creditor) to another person (hereinafter referred to as the debtor). Q10. Define the term agreement under this act.

“agreement” means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor, and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality.

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